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Legal news from Saturday, March 12, 2005




China congress ready for Monday vote on anti-secession law
Phillip Hong-Barco on March 12, 2005 4:28 PM ET

[JURIST] The presidium of China's National People's Congress (NPC) [official website in Chinese] announced Saturday [Xinhua report] that the nation's legislators will vote Monday on the passing of the Anti-Secession Law [Chinese press backgrounder], aimed to foretall Taiwan's secession from China and to promote peaceful reunification and territorial integrity. The proposal, however, allows for the use of force by China's 2.5 million strong People's Liberation Army [profile] in the event of Taiwanese secession with the exhaustion of peaceful diplomatic strategies. The law has met harsh criticism by supporters of Taiwan independence. Taiwan President Chen Shui-bian [official profile] called Saturday for a million people to take to the streets of Taipei on March 26 in protest of the law. At a meeting of Democratic Progressive Party (DPP) [official website in Chinese], which supports independence, Chen stated, "[t]he anti-secession law will allow China to completely ignore the freedom and right of choice of Taiwan people, and seek to unilaterally determine Taiwan's future...." Few comments on the matter have come from Washington, whose role in the dilemma seems uncertain. While the US recognizes China, it also is obligated by treaty to assist in the defense of Taiwan. It has asked Beijing to "reconsider" the bill, calling it "unhelpful" to relations between Taiwan and China. Reuters has more.






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Courthouse shootings suspect in custody
Phillip Hong-Barco on March 12, 2005 4:17 PM ET

[JURIST] Brian Nichols, 33, who fled an Atlanta courthouse after Friday's fatal shootings of Judge Rowland Barnes and two others [JURIST report] was arrested Saturday, ending the largest manhunt in Georgia state history. Nichols was taken into custody in an apartment complex north of Atlanta, after a woman called authorities to tell them that Nichols had entered her residence. After SWAT teams surrounded the complex, Nichols is reported to have come out waving a white cloth. When the courtroom shooting occurred, Nichols was facing a possible life sentence for rape, assault, and false imprisonment. According to police, Nichols disarmed the female sheriff's deputy escorting him outside the courtroom, and then re-entered the courtroom, taking those inside hostage. He then allegedly shot dead Judge Barnes, the court reporter, and then another sheriff's deputy upon fleeing the courthouse. AP has more.






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Army reports indicate abuse caused Afghan prisoner deaths in 2002
Phillip Hong-Barco on March 12, 2005 2:57 PM ET

[JURIST] The New York Times reported Saturday that as-yet-unreleased investigative reports obtained by Human Rights Watch [official website] reveal that the 2002 deaths of two Afghan prisoners in US custody resulted from them being chained and beaten by American soldiers at Bagram Control Point [profile] near Kabul. In a closed military hearing last month in Texas, Pfc. Willie V. Brand was charged with manslaughter [UCMJ text] in connection with one of the deaths. In the first official account of the events, Brand admitted to striking a detainee named Diliwar 37 times. Army Criminal Investigation Command [official website] reports also indicate that the abuse at Bagram, which preceded the Abu Ghraib abuse cases [JURIST hot topic] by nearly a year, went far beyond the two deaths. Several other soldiers have been recommended for prosecution, including four military interrogators accused of assaulting Diliwar and another detainee by "kicks to the groin and leg, shoving or slamming him into walls/table, forcing the detainee to maintain painful, contorted body positions during interview and forcing water into his mouth until he could not breathe." Reuters has more.






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Federal regulators question legality of Enron contracts
Phillip Hong-Barco on March 12, 2005 2:42 PM ET

[JURIST] The Federal Energy Regulatory Commission (FERC) [official website] released a six-page order Friday evening suggesting that the Enron Corp. [official homepage] was engaging in illegal activity when it entered contracts with utility companies and cities during the energy crisis of 2000-01. The order marked the first time the commission has noted that such contracts may have been signed fraudulently. The invalidation of the contracts would be a major victory for utilities and cities who ended their dealings with the disgraced energy giant during the company's 2001-02 downfall. Upon bankruptcy, Enron sued power companies in Nevada and Washington and the California cities of Palo Alto and Santa Clara for the hundreds on millions of dollars that it would have made had the contracts been fulfilled. Rather than raise $122 million alone, the Snohomish County Public Utility District [official website] produced evidence [press release] that Enron's conspiracy began in 1997. The FERC stated that a hearing is necessary to determine Enron's ability to collect future profits. The hearing is expected in May, and FERC's final decision is anticipated late this year. AP has more.






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China accepts Tung resignation, approves temporary successor
Jen Nolan on March 12, 2005 11:09 AM ET

[JURIST] China's State Council Saturday approved the resignation [Xinhua report] of Hong Kong Chief Executive Tung Chee Hwa, submitted earlier this week [JURIST report]. While Tung cited his failing health as his reason for resigning, some believe he was pushed out by the Chinese government for poor handling of the SARS outbreak and domestic legal and economic issues. China has meanwhile announced its "full support" for his deputy, Hong Kong Chief Secretary Donald Tsang [China Daily report]; selection of a new chief executive by an 800-person committee has been scheduled for July 10th. Tasnag indicated in a televised press conference [RealPlayer video] Saturday that he had been advised by government law officers and Chinese officials that the term of office for the executive to be appointed in July would under Hong Kong's Basic Law be two years, the remainder of Tung's second five-year term. A new election would be held for the next 5-year term in 2007. Tung has been appointed to the Chinese People's Political Consultative Conference [Chinese government backgrounder], a post typically reserved for retiring officials. AP has more.






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First 'control orders' issued under new UK anti-terror law
Jen Nolan on March 12, 2005 10:40 AM ET

[JURIST] UK Home Secretary Charles Clarke Saturday issued the first "control orders" limiting the movements of uncharged terror suspects under authority granted by the Prevention of Terrorism Act that was passed by Parliament [JURIST report] Friday. The orders were issued against a total of 10 suspects previously released on bail [JURIST report] under strict conditions. Pursuant to a compromise provision [JURIST report] of the Act the orders have to be confirmed by a judge within seven days. AFP has more.






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UK bar group investigating Iraq war advice
Jen Nolan on March 12, 2005 10:18 AM ET

[JURIST] At the instance of UK Members of Parliament, the Bar Council [professional website], the governing body for English barristers, is launching an independent inquiry into the legal advice that England's Attorney General provided to Prime Minister Tony Blair in 2003 on the legality of going to war with Iraq. The inquiry follows revelations late this week by Britain's top civil servant, Sir Andrew Turnbull, that all Lord Goldsmith [official profile] gave Blair with a one-page "summary" which did not include any supporting documentation and offered no full opinion. The Blair government has been under considerable political pressure to disclose the totality of the advice Goldsmith provided to the government prior to its controversial entry into the conflict, quite unpopular with the British electorate. Senior lawyers believe it is virtually impossible for such an important legal issue to be fully discussed in a one page document. The Independent has more.






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US, Holocaust survivors settle WWII Gold Train case
Jen Nolan on March 12, 2005 9:53 AM ET

[JURIST] The US Department of Justice [official website] announced Friday that the government will pay over $25 million to Holocaust survivors, settling a long term class action suit over the US Army's pilfering of the Hungarian Gold Train [Presidential Committee on Holocaust Assets report]. The train contained valuables belonging to the survivors that was loaded by the Hungarian Nazi government trying to move them in the closing days of World War II. The settlement will be paid not to the people whose belongings were stolen, but rather to needy survivors. Review the draft settlement agreement [PDF] posted on the plaintiffs' website [which also including extensive background documentation], and read a brief DOJ statement on the settlement. AP has more.






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